Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1561 3
4
By: Representative Painter 5
By: Senator Hill 6
7
For An Act To Be Entitled 8
AN ACT TO AMEND THE LAW REGARDING HIGHER EDUCATION; 9
TO ESTABLISH THE RESEARCH AND EDUCATION PROTECTION 10
ACT OF 2025; AND FOR OTHER PURPOSES. 11
12
13
Subtitle 14
TO ESTABLISH THE RESEARCH AND EDUCATION 15
PROTECTION ACT OF 2025. 16
17
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 18
19
SECTION 1. Arkansas Code Title 6, Chapter 60, is amended to add an 20
additional subchapter to read as follows: 21
Subchapter 16 - Research and Education Protection Act of 2025. 22
23
6-60-1601. Title. 24
This subchapter shall be known and may be cited as the “Research and 25
Education Protection Act of 2025". 26
27
6-60-1602. Purpose. 28
The purpose of this subchapter is to protect Arkansas's research and 29
educational systems from the malign influence of foreign adversaries. 30
31
6-60-1603. Definitions. 32
As used in this subchapter: 33
(1) “Affiliate organization” means an entity under the control 34
of or established for the benefit of an organization required to report 35
under this subchapter, including without limitation a direct -support 36 HB1561
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organization; 1
(2) “Agreement” means a written or spoken statement of mutual 2
interest in a cultural exchange agreement or an academic or a research 3
collaboration with a foreign adversary or an affiliate organization of a 4
foreign adversary; 5
(3) “Contract” means an agreement for the acquisition by 6
purchase, lease, or barter of property or services for the direct benefit 7
or use of either of the parties; 8
(4) "Cultural exchange agreement" means an agreement between a 9
foreign adversary or the State of Qatar and an institution of higher 10
education that aims to promote cultural and intellectual relations; 11
(5) “Direct-support organization” means an organization that is 12
organized and operated to receive, hold, invest, and administer property 13
and to make expenditures to or for the benefit of a: 14
(A) State-supported institution of higher education; or 15
(B) Research and development park or research and 16
development authority affiliated with a state -supported institution of 17
higher education; 18
(6) “Endeavor” means to attempt or to try; 19
(7) “Foreign adversary” means: 20
(A) The People’s Republic of China; 21
(B) The Russian Federation; 22
(C) The Islamic Republic of Iran; 23
(D) The Democratic People’s Republic of Korea; 24
(E) The Republic of Cuba; 25
(F) The Bolivarian Republic of Venezuela; 26
(G) The Syrian Arab Republic; 27
(H) A foreign terrorist organization designated by the 28
United States Secretary of State in accordance with section 219 of the 29
Immigration and Naturalization Act (INA), including without limitation an 30
agent of or other entity under significant control of the foreign 31
adversary; or 32
(I) An entity designated by the United States Government; 33
(8) “Foreign agent” means an officer, employee, proxy, servant, 34
delegate, or representative of a foreign government; 35
(9)(A) “Foreign government” means the government of a country, 36 HB1561
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nation, or group of nations or a province or other political subdivision 1
of a country or nation other than the United States. 2
(B) "Foreign government" includes without limitation an 3
agent of the government of a country, nation, or group of nations or a 4
province or other political subdivision of a country or nation other than 5
the United States; 6
(10) “Foreign instrumentality” means an agency, bureau, 7
ministry, component, institution, association, or any legal, commercial, 8
or business organization, corporation, firm, or entity that is 9
substantially owned, controlled, sponsored, commanded, managed, or 10
dominated by a foreign government; 11
(11)(A) “Gift” means: 12
(i) A gift; 13
(ii) An endowment; 14
(iii) An award; 15
(iv) A donation of money or property of any kind; or 16
(v) Any combination of subdivisions (11)(A)(i) —(iv) 17
of this section. 18
(B) "Gift" includes without limitation a conditional or 19
unconditional pledge of the gift, endowment, award, or donation. 20
(C) For purposes of subdivision (11)(B) of this section, 21
“pledge” means a promise, an agreement, or an expressed intention to give 22
a gift; 23
(12) “Institution of higher education” means: 24
(A) A state-supported institution of higher education or 25
an independent nonprofit college or university that is located in and 26
charted by the state and grants baccalaureate or higher degrees; 27
(B) Any other institution of higher education that has a 28
physical presence in the state and is required to report foreign gifts or 29
contracts pursuant to 20 U.S.C. §1011f; or 30
(C) An affiliate organization of an institution of higher 31
education; 32
(13) “Obtain or use” means any manner of: 33
(A) Taking or exercising control over property; 34
(B) Making any unauthorized use, disposition, or transfer 35
of property; 36 HB1561
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(C) Obtaining property by fraud, willful misrepresentation 1
of a future act, or false promise; or 2
(D) Conduct previously known as: 3
(i) Stealing; 4
(ii) Larceny; 5
(iii) Purloining; 6
(iv) Abstracting; 7
(v) Embezzlement; 8
(vi) Misapplication; 9
(vii) Misappropriation; 10
(viii) Conversion; 11
(ix) Obtaining money or property by false pretenses, 12
fraud, or deception; or 13
(x) Other conduct similar in nature; 14
(14) “Partnership” means a: 15
(A) Faculty or student exchange program; 16
(B) Study abroad program; 17
(C) Matriculation program; 18
(D) Recruiting program; or 19
(E) Dual degree program; 20
(15) “Person” means: 21
(A) Any natural person; 22
(B) A corporation; 23
(C) A business trust; 24
(D) An estate; 25
(E) A trust; 26
(F) A partnership; 27
(G) An association; 28
(H) A joint venture; 29
(I) A government; 30
(J) A governmental subdivision or agency; or 31
(K) Any other legal or commercial entity; 32
(16) "Research" means a scientific investigation or development 33
that involves technologies, designs, or technical data considered 34
sensitive enough to potentially impact national security, and therefore 35
requires strict controls on the export or transfer to foreign entities, as 36 HB1561
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outlined by the International Traffic in Arms Regulations and the Export 1
Administration regulations of the United States Government; and 2
(17) “Trade secret” means information, including a formula, 3
pattern, compilation, program, device, method, technique, or process, 4
that: 5
(i) Derives independent economic value, actual or 6
potential, from not being generally known to, and not being readily 7
ascertainable by proper means by, other persons who can obtain economic 8
value from its disclosure or use; and 9
(ii) Is the subject of efforts that are reasonable under 10
the circumstances to maintain its secrecy. 11
12
6-60-1604. Disclosure requirements for past gifts. 13
(a)(1) An institution of higher education that has received directly 14
or indirectly a gift with a value equal to or greater than two hundred 15
fifty thousand dollars ($250,000) from a foreign adversary or from the 16
State of Qatar after December 31, 2019, shall disclose the gift. 17
(2) The disclosure of a gift required under subdivision (a)(1) 18
of this section shall be made to the governing board of the institution of 19
higher education within sixty (60) days of the effective date of this 20
subchapter. 21
(b) Unless otherwise prohibited or deemed confidential under state or 22
federal law, the disclosure required under subdivision (a)(1) of this 23
section shall include without limitation the: 24
(1) Date of the gift; 25
(2) Amount of the gift; 26
(3) Purpose of the gift; 27
(4) Identification of the person for whom the gift is explicitly 28
intended to benefit; 29
(5) Applicable conditions, requirements, restrictions, or terms 30
made part of the gift; 31
(6) Name and country of residence or domicile of the foreign 32
adversary; 33
(7) Name and mailing address of the disclosing entity; and 34
(8) Date of termination of the gift, as applicable. 35
(c) An institution of higher education shall maintain a public website 36 HB1561
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to disclose information on past gifts from a foreign adversary or the 1
State of Qatar. 2
(d) For purposes of this section, a gift received from a foreign 3
adversary through an intermediary or affiliate organization, if known, is: 4
(1) An indirect gift to the institution of higher education; and 5
(2) Subject to the disclosure process described in this section. 6
(e) Upon a request of the Governor, the President of the Senate, or 7
the Speaker of the House of Representatives, the governing board of an 8
institution of higher education shall inspect or audit a past gift or gift 9
agreement. 10
11
6-60-1605. Approval requirements for future gifts. 12
(a) An institution of higher education that has been offered directly 13
or indirectly a gift with a value equal to or greater than two hundred 14
fifty thousand dollars ($250,000) from a foreign adversary or the State of 15
Qatar after the effective date of this subchapter shall disclose the 16
proposed gift to the governing board of the institution of higher 17
education. 18
(b) Unless otherwise prohibited or deemed confidential under state or 19
federal law, the disclosure required under subsection (a) of this section 20
shall include without limitation the: 21
(1) Date of the gift; 22
(2) Amount of the gift; 23
(3) Purpose of the gift; 24
(4) Identification of the person for whom the gift is explicitly 25
intended to benefit; 26
(5) Applicable conditions, requirements, restrictions, or terms 27
made part of the gift; 28
(6) Name and country of residence or domicile of the foreign 29
adversary; 30
(7) Name and mailing address of the disclosing entity; and 31
(8) Date of termination of the gift, as applicable. 32
(c)(1) Within thirty (30) days of receiving the disclosure of the 33
proposed gift under subsection (a) of this section, the governing board of 34
an institution of higher education shall issue a final decision to the 35
institution of higher education on whether and under what conditions the 36 HB1561
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institution of higher education may accept the gift. 1
(2) The governing board of the institution of higher education 2
shall reject a gift from a foreign adversary or the State of Qatar unless 3
there is an overwhelming state or national interest in accepting the gift. 4
(d)(1) The governing board of an institution of higher education shall 5
develop: 6
(A) A disclosure form; 7
(B) Rules; and 8
(C) Procedures for deciding whether to allow an 9
institution of higher education to accept a gift from a foreign adversary 10
or the State of Qatar. 11
(2) A gift from a foreign adversary shall only be accepted if 12
the gift addresses an overwhelming state or national interest beyond 13
simply acquiring additional funds. 14
(e) An institution of higher education shall maintain a public website 15
to disclose information on accepted gifts from foreign adversaries or the 16
State of Qatar. 17
(f) For purposes of this section, a gift received from a foreign 18
adversary through an intermediary shall be considered an indirect gift 19
with the institution of higher education and is subject to the approval 20
process described in this section. 21
(g) Upon a request of the Governor, the President of the Senate, or 22
the Speaker of the House of Representatives, the governing board of an 23
institution of higher education shall inspect or audit a gift or gift 24
agreement. 25
26
6-60-1606. Disclosure requirements for past contracts. 27
(a) An institution of higher education that has entered directly or 28
indirectly into a contract with a value equal to or greater than two 29
hundred fifty thousand dollars ($250,000) with a foreign adversary or the 30
State of Qatar after December 31, 2019, shall disclose the contract to the 31
governing board of the institution of higher education within sixty (60) 32
days following the effective date of this subchapter. 33
(b) Unless otherwise prohibited or deemed confidential under state or 34
federal law, the disclosure required under subsection (a) of this section 35
shall include without limitation: 36 HB1561
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(1) The date of the contract; 1
(2) The amount of the contract; 2
(3) The purpose of the contract; 3
(4) The identification of the person for whom the contract is 4
explicitly intended to benefit; 5
(5) The applicable conditions, requirements, restrictions, or 6
terms made part of the contract; 7
(6) A copy of the contract; 8
(7) The name and country of residence or domicile of the foreign 9
adversary; 10
(8) The name and mailing address of the disclosing entity; and 11
(9) The date of termination of the contract, as applicable. 12
(c) For purposes of this section, a contract entered with a foreign 13
adversary or the State of Qatar through an intermediary or affiliate 14
organization shall be considered an indirect contract to the institution 15
of higher education and is subject to the disclosure process described in 16
this section. 17
(d) An institution of higher education shall maintain a public website 18
to disclose information on contracts with a foreign adversary or the State 19
of Qatar. 20
(e) Upon the request of the Governor, the President of the Senate, or 21
the Speaker of the House of Representatives, the governing board of an 22
institution of higher education shall inspect or audit a past contract. 23
24
6-60-1607. Approval requirements for future contracts. 25
(a) An institution of higher education that has been offered or has 26
proposed directly or indirectly a contract with a value equal to or 27
greater than two hundred fifty thousand dollars ($250,000) from or with a 28
foreign adversary or the State of Qatar after the effective date of this 29
subchapter shall disclose the proposed contract to the governing board of 30
the institution of higher education before entering into the contract. 31
(b) Unless otherwise prohibited or deemed confidential under state or 32
federal law, the disclosure required under subsection (a) of this section 33
shall include without limitation: 34
(1) The date of the contract; 35
(2) The amount of the contract; 36 HB1561
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(3) The purpose of the contract; 1
(4) The identification of the person for whom the contract is 2
explicitly intended to benefit; 3
(5) The applicable conditions, requirements, restrictions, or 4
terms made part of the contract; 5
(6) A copy of the contract; 6
(7) The name and country of residence or domicile of the foreign 7
adversary; 8
(8) The name and mailing address of the disclosing entity; and 9
(9) The date of termination of the contract as applicable. 10
(c)(1) Within thirty (30) days of receiving the disclosure of the 11
proposed contract under subsection (a) of this section, the governing 12
board of an institution of higher education shall issue a final decision 13
to the institution of higher education on whether and under what 14
conditions the institution of higher education may enter into the 15
contract. 16
(2) The governing board of the institution of higher education 17
shall reject a contract with a foreign adversary or the State of Qatar 18
unless there is an overwhelming state or national interest in accepting or 19
entering the contract. 20
(d)(1) The governing board of an institution of higher education shall 21
develop disclosure forms, rules, and procedures for deciding upon whether 22
to allow institutions of higher education to enter into contracts from 23
foreign adversaries and the State of Qatar. 24
(2) A contract shall only be entered into if the contract 25
addresses an overwhelming state or national interest. 26
(e) An institution of higher education shall maintain a public website 27
disclosing a contract from a foreign adversary or the State of Qatar 28
described in this section, along with the final decision on whether to 29
allow the relevant institution of higher education to enter into the 30
contract. 31
(f) For purposes of this section, a contract proposed from a foreign 32
adversary or the State of Qatar through an intermediary or affiliate 33
organization shall be considered an indirect contract with the institution 34
of higher education and is subject to the approval process described in 35
this section. 36 HB1561
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(g) An institution of higher education shall maintain a public website 1
to disclose information on contracts from foreign adversaries or the State 2
of Qatar. 3
(h) Upon a request of the Governor, the President of the Senate, or 4
the Speaker of the House of Representatives, the governing board of an 5
institution of higher education shall inspect or audit a contract 6
agreement. 7
8
6-60-1608. Enforcement related to foreign gifts — Penalties — Rewards. 9
(a) Upon receiving a referral from a compliance officer of an 10
institution of higher education or a sworn complaint based upon 11
substantive information and reasonable belief as defined in Arkansas law, 12
the Department of Inspector General shall investigate an allegation of a 13
violation of §§ 6-60-1605 — 6-60-1607. 14
(b)(1) The department or compliance officer authorized by an 15
institution of higher education may request records relevant to any 16
reasonable suspicion of a violation of this subchapter. 17
(2) An entity shall provide the requested records under 18
subdivision (b)(1) of this section within ten (10) days after the request 19
or a later date agreed to by the department. 20
(c) An institution of higher education that knowingly fails to make a 21
disclosure required under this subchapter or knowingly fails to provide 22
records requested under subsection (b)(1) of this section is subject to, 23
upon a final administration finding, a civil fine of: 24
(1) Ten thousand dollars ($10,000) for a first violation; or 25
(2) Twenty thousand dollars ($20,000) for a subsequent 26
violation. 27
(d) A whistleblower who reports an undisclosed foreign gift or 28
contract from a foreign adversary or the State of Qatar to the appropriate 29
inspector general may also report the undisclosed gift or contract to the 30
Attorney General and retain whistleblower protection under the Arkansas 31
Whistle-Blower Act, § 21-1-601 et seq. 32
(e) Information reported under subsection (b) of this section is not 33
confidential or exempt from examination or disclosure, except as otherwise 34
provided by law. 35
(f) The governing board an institution of higher education and the 36 HB1561
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department may adopt rules to implement this section. 1
2
6-60-1609. Prohibition on certain cultural exchange agreements. 3
(a) An institution of higher education shall not participate in a 4
cultural exchange agreement with a foreign adversary or the State of Qatar 5
or an entity controlled by a foreign adversary or the State of Qatar 6
unless the institution of higher education: 7
(1) Addresses an overwhelmingly underaddressed state or national 8
need; and 9
(2) Avoids: 10
(A) Constraining the freedom of contract of the public 11
entity; 12
(B) Allowing the curricula or values of a program in the 13
state to be directed, controlled, or influenced by the foreign adversary 14
or the State of Qatar; or 15
(C) Promoting an agenda detrimental to the safety or 16
security of the state, residents of the state, or the United States. 17
(b)(1) Before the execution of a cultural exchange agreement with a 18
foreign adversary or the State of Qatar, the substance of the cultural 19
exchange agreement shall be shared with the Department of the Inspector 20
General. 21
(2) If the department concludes that the cultural exchange 22
agreement promotes an agenda detrimental to the safety or security of the 23
state, the United States, or residents of the state, the institution of 24
higher education shall not enter into the cultural exchange agreement. 25
(c)(1) By December 1, 2026, and each December 1 thereafter, the 26
governing board of an institution of higher education and the department 27
shall submit a report to the Governor, the President Pro Tempore of the 28
Senate, and the Speaker of the House of Representatives relating to 29
partnerships and agreements of institutions of higher education made with 30
educational institutions or other institutions based in foreign 31
adversaries or the State of Qatar. 32
(2) At a minimum, the report required by subdivision (c)(1) of 33
this section shall include without limitation the following information 34
for the previous fiscal year: 35
(A) Data reflecting any program, agreement, partnership, 36 HB1561
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or contract between an institution of higher education and any college, 1
university, or entity that is based in or controlled by a foreign 2
adversary or the State of Qatar; 3
(B) Data reflecting any office, campus, or physical 4
location used or maintained by an institution of higher education in a 5
foreign adversary or in the State of Qatar; and 6
(C) The date on which any such program, agreement, 7
partnership, or contract reported pursuant to subdivision (c)(2)(A) is 8
expected to terminate. 9
(d) Each institution of higher education shall submit the information 10
required in subsection (c) of this section to the governing board of the 11
institution of higher education and the department by July 1, 2026, and on 12
each July 1 thereafter. 13
(e)(1) A registered student organization or scholar association hosted 14
by an institution of higher education shall not: 15
(A) Accept a gift from a foreign adversary or the State of 16
Qatar; 17
(B) Enter into any contract or agreement with a foreign 18
adversary or the State of Qatar; or 19
(C) Be directed or controlled by the government of a 20
foreign adversary or the State of Qatar. 21
(2) A violation of subdivision (e)(1) of this section shall 22
result in the institution of higher education ending any affiliation with 23
the registered student organization. 24
(3) For purposes of this subsection, member dues or fees shall 25
not be considered a gift from or a contract or agreement with a foreign 26
adversary or the State of Qatar. 27
(f) The governing board of an institution of higher education and the 28
department shall adopt rules to administer this section. 29
30
6-60-1610. Screening requirements for higher education hiring and 31
research. 32
(a) An institution of higher education or affiliate of an institution 33
of higher education that has federal research expenditures of ten million 34
dollars ($10,000,000) or more shall screen applicants who are citizens of 35
a foreign adversary or the State of Qatar and are not permanent residents 36 HB1561
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of the United States prior to any final offer of employment or letter of 1
invitation as follows: 2
(1) Employment in: 3
(A) Research positions; and 4
(B) Graduate and undergraduate students applying for 5
research positions; or 6
(2) A position of a visiting researcher who is a citizen of a 7
foreign adversary or the State of Qatar and is not a permanent resident of 8
the United States. 9
(b)(1) The screening required by subsection (a) of this section is 10
required before offering the applicant a position of employment or of a 11
visiting researcher. 12
(2) At the discretion of the institution of higher education, 13
other applicants for a position may be screened. 14
(c) An applicant described in subsection (a) of this section shall 15
submit: 16
(1) A complete resume or curriculum vitae, including without 17
limitation every institution of higher education attended; 18
(2) All previous employment since the applicant’s eighteenth 19
birthday; 20
(3) A list of all published material for which the applicant 21
received credit as an author, a researcher, or otherwise to which the 22
applicant contributed significant research, writing, or editorial support; 23
(4) A list of the applicant’s current and pending research 24
funding from any source, including the name of the funder, amount, 25
applicant’s role on the project, and brief description of the research; 26
(5) A full disclosure of non -university professional activities, 27
including any affiliation with an institution or program in a foreign 28
adversary; 29
(6) Other activities that bear on the qualifications appropriate 30
for the position, including without limitation private or public sector 31
experience, military service, or other appropriate experience; and 32
(7) A list of all patents held and the country of record. 33
(d) For an applicant who has been continually employed or enrolled in 34
an institution of higher education in the United States for twenty (20) 35
years or more, the resume may include employment history before the most 36 HB1561
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recent twenty (20) years. 1
(e)(1) The president or chief administrative officer of the 2
institution of higher education or affiliate of the institution of higher 3
education shall designate a research compliance office to review all 4
materials required in subsection (c) of this section. 5
(2) The president or chief administrator of the institution of 6
higher education shall take reasonable steps to verify information that 7
includes without limitation: 8
(A) Searching public listings of persons subject to 9
sanctions or restrictions under federal law; 10
(B) Submitting the applicant’s name and other identifying 11
information to any federal agency reasonably willing to scrutinize the 12
applicant for national security or counterespionage purposes; and 13
(C) Any other steps deemed appropriate to the research 14
compliance office under subdivision (e)(1) of this section. 15
(3) The institution of higher education or affiliate of the 16
institution of higher education may also create a process to approve 17
applicants for hire based on a risk -based determination considering the: 18
(A) Nature of the research; and 19
(B) Background and ongoing affiliations of the applicant. 20
(f)(1) The requirements of this section shall be completed before 21
offering any position to an individual described in subsection (a) in any 22
research position and before granting the individual any access to 23
research data or activities or other sensitive data. 24
(2) An applicant screened under this section shall not be 25
employed in any research position if he or she fails to disclose a 26
substantial educational, employment, or research activity, publication, or 27
presentation at the time of submitting an application, unless the academic 28
department head or his or her designee certifies in writing the substance 29
of the nondisclosure and the reasons for disregarding the failure to 30
disclose. 31
32
6-60-1611. Foreign adversary travel requirements. 33
(a)(1) By January 1, 2026, each institution of higher education or 34
affiliate organization of the institution of higher education that has 35
federal research expenditures of ten million dollars ($10,000,000) or more 36 HB1561
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shall establish a foreign adversary travel approval and monitoring 1
program. 2
(2) The foreign adversary travel approval and monitoring program 3
required under subdivision (a)(1) of this section shall require 4
preapproval and screening by a research compliance office designated by 5
the president or chief administrative officer of the institution of higher 6
education or affiliate organization of the institution of higher education 7
for any employment-related foreign travel to a foreign adversary country 8
and employment-related foreign adversary activities engaged in by all 9
faculty, researchers, and research department staff. 10
(3) The requirement under subdivision (a)(2) of this section 11
shall be in addition to any other travel approval process applicable to 12
the state-supported institution of higher education or affiliate 13
organization. 14
(b) Preapproval for travel to a foreign adversary country by the 15
research compliance office of the institution of higher education shall be 16
based on: 17
(1) The applicant’s review and acknowledgement of guidance 18
published by the employing state -supported institution of higher education 19
or affiliate organization of the institution of higher education that 20
relates to: 21
(A) Foreign adversaries and the State of Qatar; 22
(B) Countries under sanction; or 23
(C) Other restrictions or designations imposed by the 24
state or the United States Government including without limitation: 25
(i) Any federal licensing requirements; 26
(ii) Customs rules; 27
(iii) Export controls; 28
(iv) Restrictions on taking university or entity 29
property, including intellectual property, abroad; 30
(v) Restrictions on presentations, teaching, and 31
interactions with foreign adversary colleagues; and 32
(vi) Other subjects important to the research and 33
academic integrity of the institution of higher education; and 34
(2) The binding commitment of the individual traveler not to 35
violate the institution of higher education or affiliate organization of 36 HB1561
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the institution of higher education’s limitations on foreign adversary 1
travel and activities abroad and to obey all applicable federal laws. 2
(c)(1) The institution of higher education or affiliate organization 3
of the institution of higher education shall maintain records of: 4
(A) All foreign adversary travel requests and approvals; 5
(B) Expenses reimbursed by the institution of higher 6
education or affiliate organization of the institution of higher education 7
during such foreign adversary travel including for travel, food, and 8
lodging; and 9
(C) Payments and honoraria received during the foreign 10
adversary travel and activities, including for travel, food, and lodging. 11
(2)(A) The institution of higher education shall also keep 12
records of the purpose of the foreign adversary travel and any records 13
related to the foreign activity review. 14
(B) The records shall be retained for at least three (3) 15
years or any longer period of time required by any other applicable state 16
or federal law. 17
(d) The institution of higher education shall provide an annual report 18
to the governing board of the institution of higher education of foreign 19
travel to a foreign adversary country or the State of Qatar listing the: 20
(1) Individual traveler; 21
(2) Foreign adversary location visited; and 22
(3) Foreign adversary institution visited. 23
24
6-60-1612. Prohibitions on research partnerships. 25
(a)(1) An institution of higher education shall only enter into a new 26
partnership or renew an existing partnership with a foreign 27
instrumentality if the institution of higher education maintains 28
sufficient structural safeguards to protect the intellectual property of 29
the institution of higher education. 30
(2) The governing board of an institution of higher education 31
shall notify an institution of higher education if the board determines 32
the partnership meets the safeguard requirements required by this 33
subsection. 34
(3) The safeguard requirements under this subsection shall 35
include without limitation the following: 36 HB1561
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(A) Compliance with all federal requirements, including 1
the requirements of federal research sponsors and federal export control 2
agencies, including regulations regarding international traffic in arms 3
and export administration regulations, and economic and trade sanctions 4
administered by the federal office of foreign assets control; 5
(B) Annual formal institution -level programs for faculty 6
on conflicts of interest and conflicts of commitment; 7
(C) An overwhelming state interest to enter into the 8
research or academic partnership; 9
(D) Lack of alternative institutions to engage with for a 10
similar research or academic partnership; and 11
(E) A formalized foreign visitor process and uniform 12
visiting scholar agreement. 13
(b) The board shall have full discretion to reject or terminate any 14
research partnership between an institution of higher education and an 15
academic or research institution located in a foreign adversary or the 16
State of Qatar at any time and for any purpose. 17
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6-60-1613. Prohibitions related to trade secrets. 19
A person who engages in willful misappropriation of a trade secret with 20
the intent to benefit a foreign government, a foreign agent, or a foreign 21
instrumentality shall be guilty, upon conviction, of a Class D felony. 22
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6-60-1614. Penalties for violations related to intellectual property. 24
(a) A person who violates § 6 -60-1613 commits theft of a trade secret 25
and is guilty of a Class D felony. 26
(b) A person who traffics in, or endeavors to traffic in, a trade 27
secret that he or she knows or should know was obtained or used without 28
authorization commits trafficking in a trade secret and is guilty of a 29
Class D felony. 30
(c) Whenever a person is charged with a violation of this act which 31
was committed with the intent to benefit a foreign government, a foreign 32
agent, or a foreign instrumentality, the offense for which the person is 33
charged shall be reclassified as follows: 34
(1) In the case of theft of a trade secret, from a Class D 35
felony to a Class C felony; and 36 HB1561
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(2) In the case of trafficking in trade secrets, from a Class D 1
felony to a Class C felony. 2
3
6-60-1615. Duties related to foreign adversary software — Rules. 4
(a) The governing board of an institution of higher education shall 5
conduct a thorough review of all software and software platforms used by 6
an institution of higher education that may be linked to foreign 7
adversaries. 8
(b) The board shall: 9
(1) Develop a plan to eliminate the usage of software and 10
software platforms hosted, operated, or owned by foreign adversary 11
countries; and 12
(2) Adopt policies that prohibit the future utilizing or 13
contracting with entities domiciled in, or controlled or owned by 14
companies or other entities domiciled in foreign adversary countries that 15
host, operate, or own software and software platforms. 16
17
SECTION 2. DO NOT CODIFY. SEVERABILITY CLAUSE. If any provision of 18
this act or the application of this act to any person or circumstance is 19
held invalid, the invalidity shall not affect other provisions or 20
applications of this act which can be given effect without the invalid 21
provision or application, and to this end, the provisions of this act are 22
declared severable. 23
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